TBA Law Blog


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Posted by: Kate Prince on Jan 27, 2022
News Type: Legal News

The Tennessee Wildlife Resources Agency (TWRA) has temporarily postponed plans to raze 2,000 acres of hardwoods on state-owned land in White County, Fox17 Nashville reports. TWRA had previously announced it would clear the land, gifted to the state by Bridgestone Americas, to create grassland habitat for the Northern bobwhite quail and keep all profits from the sale of the land’s timber. Earlier this month a private citizen filed a 60-day intent to sue letter if the deforestation plan was not stopped, and a bipartisan group of 34 state legislators condemned the plan in a letter, criticizing the TWRA’s “shameful lack of communication and transparency.” A bipartisan bill was also introduced this week that would require TWRA officials to transfer all proceeds from the sale of the state’s natural resources into Tennessee’s general fund. Following those developments, the TWRA yesterday said it "will be suspending any plans to do any cutting until this situation is resolved."

Posted by: Stacey Shrader Joslin on Jan 26, 2022
News Type: Legal News

Hamilton County is set to possibly receive millions of dollars in a settlement with a manufacturer and three distributors of opioids, attorney Ronnie Berke told the county commission today. Berke says that defendants have until mid-March to reject details, but that the county should expect to receive $10.8 million from two different funds, paid out over 18 years, Chattanoogan.com reports. Berke said he has estimated that the county will receive $900,000 over the first three years, and then between $500,000 and $600,000 for the next 15 years. Of the total, $7 million must be set aside to treat problems caused by the opioid crisis.

Posted by: Stacey Shrader Joslin on Jan 26, 2022
News Type: Wellness Wednesday

The Institute for Well-Being in Law, a nonprofit formed to further the work of the American Bar Association’s National Task Force on Lawyer Well-Being, hosted its inaugural conference last week. The virtual event “Redesigning the Legal Profession for a Better Future,” focused on well-being for individuals, workplaces, law schools and law firms. The institute was created in December 2020 to “lead a culture shift in law to establish well-being as a core centerpiece of professional success.” The institute also produces the podcast “Path to Well-Being in Law,” which focuses on the work of wellness advocates across the country and offers a number of resources for those who want to learn more about advancing attorney well-being.

Posted by: Stacey Shrader Joslin on Jan 26, 2022
News Type: Legal News

The Legal Services Corporation launched a Rural Justice Task Force last month with the goal of raising awareness of the civil legal needs of rural residents, profiling model programs, recommending strategies for expanding pro bono legal assistance, and identifying opportunities for state and federal legislative assistance. The task force consists of more than 60 members from diverse communities across 29 states and various professional backgrounds. It is expected to release a report on its findings in spring 2023. The agency took the action after the American Bar Association reported on rural “legal deserts” in the country. Research by the ABA showed there are 52 rural areas in the United States that have no lawyers and another 182 that have only one or two lawyers.

Posted by: Stacey Shrader Joslin on Jan 26, 2022
News Type: Passages

Knoxville lawyer Robert Phillip Murrian died Jan. 24 at the age of 76. Murrian earned his law degree from the University of Tennessee College of Law in 1974 and later joined the school as an adjunct professor. Following graduation he served as law clerk for Judge Robert L. Taylor, worked at the firm of Butler, Vines & Babb, and then served as U.S. magistrate judge from 1978 to 2002. After retiring from the bench, Murrian practiced with Kramer Rayson, focusing on federal matters. In his last position, Murrian joined Pam Reeves and Celeste Herbert to establish the mediation firm Reeves, Herbert & Murrian. Among his many accomplishments, Murrian served as president of the Hamilton Burnett American Inns of Court, was a member of the Knoxville Bar Association Board of Governors, and received the association’s Law and Liberty Award and Governors’ Award. Friends of the family are invited to send cards to Sue Murrian at 531 South Gay #403, Knoxville TN 37902. A celebration of life service will be held April 9 at noon EST at Westminster Presbyterian Church, 6500 S. Northshore Dr., Knoxville TN 37919. The KBA announced the news.

Posted by: Stacey Shrader Joslin on Jan 26, 2022
News Type: Legal News

The Knoxville Bar Foundation is accepting applications for its 2022 grant cycle through March 4. Funding may be sought for programs that improve the administration of justice, enhance the public’s understanding of and confidence in the legal system, or serve the legal profession. Funding will not be provided for operating costs or endowments. Since 1992, the foundation has awarded approximately $510,000. Last year, the foundation approved 12 requests totaling $25,000. This year, grants will be announced in May. Submit an online application.

Posted by: Stacey Shrader Joslin on Jan 26, 2022
News Type: Election 2022

Saying that thousands of poll workers will be needed to help elections run smoothly later this year, Secretary of State Tre Hargett has launched the “Be an Election Hero. Become a Poll Worker.” campaign to recruit poll workers, WATE reports. Poll workers greet voters, answer questions, explain how to cast a ballot, count votes, and do anything else that is needed to make sure voting goes smoothly. A new website spells out the requirements to be a poll worker and a link to apply.

Posted by: Stacey Shrader Joslin on Jan 26, 2022
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Stephen Breyer is planning to retire soon, multiple sources report, ending a nearly three-decade career on the bench. The news, first reported by NBC News, comes after months of speculation of when the 83-year-old would step down. NBC said it had the news about Breyer on good authority from “people familiar with his thinking.” According to The New York Times, President Biden is expected to formally announce the retirement at the White House tomorrow. The president has pledged to nominate the first Black female  justice if given the chance. Many believe that one person on his short list is Judge Ketanji Brown Jackson, a former Breyer clerk who was recently confirmed to the D.C. Circuit Court of Appeals. The Hill has a list of other potential nominees.

Posted by: Stacey Shrader Joslin on Jan 26, 2022

Though considered a formality, the Biden administration says it is withdrawing its attempt to enforce a vaccine or testing requirement for businesses with 100 or more employees, Bloomberg Law reports. The U.S. Supreme Court ruled Jan. 13 that the administration overstepped its authority in imposing the mandate. In a statement, the Occupational Safety and Health Administration indicates there may be future revisions to the rule. Legal observers say the court left the door open for a refined mandate that does not treat every job as though it presents the same risk of COVID-19 exposure. In related news, a third of employers say they will keep their vaccine requirements in place despite the court’s ruling. Polling by Gartner Inc. shows that only 3% of employers said the court’s decision led them to drop the requirements. Read more about those findings.

Posted by: Stacey Shrader Joslin on Jan 26, 2022

The state Senate yesterday approved the final redistricting map to be considered, voting along party lines to clear the map setting new boundaries for state House seats, the Tennessean reports. The Senate had approved the plans for its seats and congressional seats last Thursday. The state House passed the map for its members on Monday. The three redistricting plans now head to Gov. Bill Lee for his signature. Tennessee Democrats say they are preparing a legal challenge to the plans.


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